Assembly Bill No. 123–Committee on Judiciary
(On Behalf of Elko County)
February 4, 1999
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Referred to Committee on Judiciary
SUMMARY—Exempts certain common-interest communities from certain provisions of Uniform Common-Interest Ownership Act. (BDR 10-676)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 116.3108 is hereby amended to read as follows: 116.3108 1. A meeting of the units’ owners of an association must1-3
be held at least once each year. A meeting of the executive board must be1-4
held at least once every 90 days. Special meetings of the association may1-5
be called by the president, a majority of the executive board or by units’1-6
owners having 10 percent, or any lower percentage specified in the bylaws,1-7
of the votes in the association.1-8
2.1-9
10 nor more than 60 days in advance of any meeting, the secretary or other1-10
officer specified in the bylaws shall cause notice to be hand-delivered or1-11
sent prepaid by United States mail to the mailing address of each unit or to1-12
any other mailing address designated in writing by the unit’s owner. The1-13
notice of any meeting must state the time and place of the meeting and1-14
include a copy of the agenda for the meeting. The notice must include1-15
notification of the right of a unit’s owner to:2-1
(a) Have a copy of the minutes or a summary of the minutes of the2-2
meeting distributed to him upon request if he pays the association the cost2-3
of making the distribution.2-4
(b) Speak to the association or executive board, unless the executive2-5
board is meeting in executive session.2-6
3. The agenda for the meeting must consist of:2-7
(a) A clear and complete statement of the topics scheduled to be2-8
considered during the meeting, including, without limitation, any proposed2-9
amendment to the declaration or bylaws, any fees or assessments to be2-10
imposed or increased by the association, any budgetary changes and any2-11
proposal to remove an officer or member of the executive board.2-12
(b) A list describing the items on which action may be taken and clearly2-13
denoting that action may be taken on those items.2-14
(c) A period devoted to comments by units’ owners and discussion of2-15
those comments. Except in emergencies, no action may be taken upon a2-16
matter raised under this item of the agenda until the matter itself has been2-17
specifically included on an agenda as an item upon which action may be2-18
taken pursuant to paragraph (b).2-19
4. If the association adopts a policy imposing a fine on a unit’s owner2-20
for the violation of the bylaws or other rules established by the association,2-21
the secretary or other officer specified in the bylaws shall prepare and2-22
cause to be hand-delivered or sent prepaid by United States mail to the2-23
mailing address of each unit or to any other mailing address designated in2-24
writing by the unit’s owner, a schedule of the fines that may be imposed2-25
for those violations.2-26
5. Not more than 30 days after any meeting, the secretary or other2-27
officer specified in the bylaws shall cause the minutes or a summary of the2-28
minutes of the meeting to be made available to the units’ owners. A copy2-29
of the minutes or a summary of the minutes must be provided to any unit’s2-30
owner who pays the association the cost of providing the copy to him.2-31
6. Except as otherwise provided in the declaration or bylaws, if a2-32
common-interest community is located within a county whose population2-33
is 100,000 or less, the notice described in subsection 2 is not required to2-34
be provided.2-35
Sec. 2. NRS 116.311 is hereby amended to read as follows: 116.311 1. If only one of several owners of a unit is present at a2-37
meeting of the association, that owner is entitled to cast all the votes2-38
allocated to that unit. If more than one of the owners are present, the votes2-39
allocated to that unit may be cast only in accordance with the agreement of2-40
a majority in interest of the owners, unless the declaration expressly2-41
provides otherwise. There is majority agreement if any one of the owners2-42
cast the votes allocated to that unit without protest made promptly to the2-43
person presiding over the meeting by any of the other owners of the unit.3-1
2. Votes allocated to a unit may be cast pursuant to a proxy executed3-2
by a unit’s owner. If a unit is owned by more than one person, each owner3-3
of the unit may vote or register protest to the casting of votes by the other3-4
owners of the unit through an executed proxy. A unit’s owner may revoke3-5
a proxy given pursuant to this section only by actual notice of revocation3-6
to the person presiding over a meeting of the association. A proxy is void3-7
if it is not dated or purports to be revocable without notice. A proxy3-8
terminates3-9
3. If the declaration requires that votes on specified matters affecting3-10
the common-interest community be cast by lessees rather than units’3-11
owners of leased units:3-12
(a) The provisions of subsections 1 and 2 apply to lessees as if they3-13
were units’ owners;3-14
(b) Units’ owners who have leased their units to other persons may not3-15
cast votes on those specified matters; and3-16
(c) Lessees are entitled to notice of meetings, access to records, and3-17
other rights respecting those matters as if they were units’ owners.3-18
3-19
also be given notice, in the manner provided in NRS 116.3108, of all3-20
meetings at which lessees are entitled to vote.3-21
4. No votes allocated to a unit owned by the association may be cast.3-22
5. Except as otherwise provided in the declaration or bylaws, if a3-23
common-interest community is located within a county whose population3-24
is 100,000 or less, the notice described in subsection 3 is not required to3-25
be given.3-26
Sec. 3. NRS 116.31155 is hereby amended to read as follows: 116.31155 1.3-28
association that is not a master association and levies an annual assessment3-29
against each unit in the common-interest community of $500 or more3-30
shall:3-31
(a) If the association is required to pay the fee imposed by NRS 78.1503-32
or 82.193, pay to the secretary of state at the time it is required to pay the3-33
fee imposed by those sections a fee established by regulation of the3-34
administrator of the real estate division of the department of business and3-35
industry for every unit in the association.3-36
(b) If the association is organized as a trust or partnership, pay to the3-37
administrator of the real estate division of the department of business and3-38
industry a fee established by regulation of the administrator for each unit in3-39
the association. The fee must be paid on or before January 1 of each year.3-40
2. The fees required to be paid pursuant to this section must be:3-41
(a) Deposited with the state treasurer for credit to the fund for the3-42
ombudsman for owners in common-interest communities created pursuant3-43
to NRS 116.1117.4-1
(b) Established on the basis of the actual cost of administering the office4-2
of the ombudsman for owners in common-interest communities and not on4-3
a basis which includes any subsidy for the office.4-4
3. Except as otherwise provided in the declaration or bylaws, an4-5
association of a common-interest community located within a county4-6
whose population is 100,000 or less is not required to pay the fees4-7
described in subsection 1.4-8
Sec. 4. This act becomes effective on July 1, 1999.~